N.H. Code Admin. R. He-P 1608.04
Sampling and Analysis Methods
Effective Apr 2, 2025#5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by #7181, eff 12-24-99; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by #9986, eff 9-1-11, EXPIRED: 9-1-19 New. #13052, eff 6-11-20; ss by #14230, eff 4-2-25Former Division of Public Health Services
(a) Testing for the presence of lead in paint shall be conducted by one or more of the following methods:
- (1) Field measurement by XRF using standards set forth in the U.S. Department of Housing and Urban Development (HUD) “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing” (2012 Edition), available as noted in Appendix A;
- (2) Laboratory analysis of paint chips by atomic absorption spectrometry using standards set forth in Appendix 14.1 of the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing” (2012 Edition), available as noted in Appendix A; or
- (3) Any testing method using recognized published procedures or methods developed and validated by the laboratory using assayed materials, inter-lab comparisons, or proficiency test samples.
- (b) All collection and analysis of samples from paint chips, dust, soil, or other media shall comply with standards set forth in the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing”, (2012 Edition), available as noted in Appendix A.
- (c) All environmental samples shall be submitted to a laboratory recognized by the EPA National Lead Laboratory Accreditation Program (NLLAP).
(d) The following requirements shall apply if field measurements by XRF are used:
- (1) The user shall have a currently valid license or registration for the XRF instrument used, issued by the department’s radiological health section in accordance with He-P 4000, if applicable;
(2) The calibration of each XRF unit shall be checked as follows:
- a. The calibration of XRF instruments shall be checked against the manufacturer’s standards for that instrument in accordance with the manufacturer’s specifications for that instrument and the “Performance Characteristic Sheet (PCS)”, a document based on methodology developed jointly by the EPA and HUD set forth in Chapter 7, Addendum 3 of the HUD’s “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" (2012 Edition), available as noted in Appendix A;
- b. At a minimum, the calibration check for each XRF instrument used shall be conducted before the inspection begins and either after the day’s inspection work has been completed, or at least every 4 hours, whichever occurs first and in accordance with manufacturer’s specifications for the instrument if more frequent calibration checks are recommended;
- c. If the XRF instrument’s calibration check average of 3 readings is outside the acceptable calibration check tolerance range specified in the instrument’s PCS, and the manufacturer’s instructions to bring the instrument back into control does not yield a successful calibration check the instrument shall be removed from use until such time as the unit is again operating within the acceptable calibration check tolerance range of the instrument’s PCS and the manufacturer’s specified tolerance for each standard; and
- d. The results of all calibration checks shall be recorded on the inspection report;
- (3) Except as provided in (4) below, XRF measurements shall be adjusted to compensate for substrate interference utilizing substrate correction protocols set forth in the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" (2012 Edition), available as noted in Appendix A;
- (4) Adjustment of XRF measurements to compensate for substrate interference shall not be required when the manufacturer’s PCS indicates that substrate corrections are not necessary; and
- (5) Surfaces shall not be considered to contain lead-based paint when the XRF reading is less than 1.0 mg/cm2 and the PCS’s classification of results are factored into the calculation of the reading.
- (e) When conducting lead inspections in multifamily housing that has more than one dwelling unit or child care facility in the same building, complex, or development, the lead inspection shall be conducted in accordance with the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing”, (2012 Edition), available as noted in Appendix A.
Source. #5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by #7181, eff 12-24-99; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by #9986, eff 9-1-11, EXPIRED: 9-1-19 New. #13052, eff 6-11-20; ss by #14230, eff 4-2-25